Cohen v. Levy

— Appeal from an order of the Supreme Court at Special Term, entered March 13, 1975 in Sullivan County, which denied a motion (1) to open and set aside a default judgment of foreclosure, (2) to set aside a referee’s deed, (3) to order restitution of rents collected, (4) to direct a trial on a claim of usury on the part of the plaintiffs, and (5) granted a motion to dismiss defendant Levy’s complaint served on November 29, 1974. On June 2, 1972 defendant Levy executed and delivered a $5,500 mortgage to plaintiffs on defendant’s property in Monticello, New York, in consideration of plaintiffs’…